Equivalent citations: 1980 AIR 470, 1980 SCR (2) 913 Bench: Krishnaiyer, V.R. PETITIONER: JOLLY GEORGE VERGHESE & ANR. Vs. RESPONDENT: THE BANK OF COCHIN DATE OF JUDGMENT04/02/1980 BENCH: KRISHNAIYER, V.R. BENCH: KRISHNAIYER, V.R. PATHAK, R.S. CITATION: 1980 AIR 470 1980 SCR (2) 913 1980 SCC (2) 360 CITATOR INFO : RF 1984 SC1213 (7) R 1986 SC 180 (39) RF 1990 SC 605 (20) ACT: Code of Civil Procedure-Section 51, Order 21, rule 37- Scope of-Debtor, if could be imprisoned for failure to pay his debts-Imprisonment when could be ordered. HEADNOTE: The appellants were the judgment-debtors while the respondent-bank was the decree-holder. In execution of the decree a warrant for arrest and detention in civil prison was issued to the appellants under section 51 and order 21, rule 37 of the Code of Civil Procedure. On an earlier occasion there had been a similar warrant for arrest in execution of the same decree. The decree-holders also proceeded against the properties of the judgment-debtors and in consequence all their immovable properties had been attached for the purpose of sale

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Jolly George Verghese & Anr vs The Bank Of Cochin on 4 February, 1980

in discharge of the decree- debts. A receiver was appointed by the execution court to manage the properties under attachment. Even so, the court had issued a warrant for the arrest of the judgment-debtors because on an earlier occasion a similar warrant had already been issued without any investigation as regards the current ability of the judgment-debtors to clear off the debts or their mala-fide refusal, if any, to discharge the debts. On the question whether under such circumstances personal freedom of the judgment-debtors can be held to ransom until repayment of the debt. Allowing the appeal, ^ HELD: 1. The words in section 51 which hurt are "or has had since the date of the decree the...